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GRAHAM v. WILLINGHAM

No. 9470.

384 F.2d 367 (1967)

Kenneth GRAHAM, Appellant, v. J. T. WILLINGHAM, Warden, United States Penitentiary, Leavenworth, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

October 30, 1967.

Attorney(s) appearing for the Case

Jack S. Ramirez, Wichita, Kan., for appellant.

James R. Ward, Asst. U. S. Atty. (Newell A. George, U. S. Atty., was with him on the brief), for appellee.

Before LEWIS, BREITENSTEIN and HILL, Circuit Judges.

PER CURIAM.

Appellant is presently confined in the United States Penitentiary of Leavenworth, Kansas, serving a sentence lawfully imposed after conviction for the offense of murder in the second degree. By petition presented to the District Court for the District of Kansas he alleged that he was being subjected to cruel and unusual punishment in violation of his constitutional rights under the Eighth Amendment because of...

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